[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3672 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3672

To provide for an increase of $150 in social security benefits for one 
month in 2010 to compensate for the lack of a cost-of-living adjustment 
  for that year, and to amend title II of the Social Security Act to 
   eliminate the requirement that there be a social security cost-of-
  living adjustment for an adjustment in the contribution and benefit 
                             base to occur.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2009

Mrs. McCarthy of New York (for herself, Mr. Costello, Mr. Andrews, Mr. 
  Kennedy, Ms. Kaptur, and Ms. Fudge) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To provide for an increase of $150 in social security benefits for one 
month in 2010 to compensate for the lack of a cost-of-living adjustment 
  for that year, and to amend title II of the Social Security Act to 
   eliminate the requirement that there be a social security cost-of-
  living adjustment for an adjustment in the contribution and benefit 
                             base to occur.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security COLA Fix for 2010 
Act''.

SEC. 2. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--The Congress finds that--
            (1) no cost-of-living increase in social security benefits 
        is anticipated under current law for 2010; and
            (2) the rising costs being endured by our Nation's seniors 
        and disabled individuals makes the lack of such a cost-of-
        living increase particularly burdensome for them and their 
        families.
    (b) Statement of Policy.--It is the policy of this Act to provide 
some compensation to our Nation's seniors and disabled individuals and 
their families for the lack of a cost-of-living increase in social 
security benefits for 2010 by providing for them a benefit increase of 
$150 for one month in 2010.

SEC. 3. SOCIAL SECURITY BENEFIT INCREASE FOR ONE MONTH PAYABLE IN 2010.

    (a) In General.--Except as provided in this section, each 
individual who is entitled to a monthly insurance benefit under section 
202 or 223 of the Social Security Act (42 U.S.C. 402, 423) for the 
month in which this Act is enacted and is also entitled to such benefit 
for the applicable increase month (as defined in subsection (b)) shall 
be entitled to an increase in such benefit for the applicable increase 
month in the amount of $150.
    (b) Applicable Increase Month.--For purposes of this section, the 
term ``applicable increase month'' means the first month beginning 
after 180 days after the date of the enactment of this Act
    (c) Restriction of Increase to One Month.--Nothing in this section 
shall affect the amount of a benefit under section 202 or 223 of the 
Social Security Act for any month other than the applicable increase 
month.
    (d) Notice.--Not later than the date of the benefit payment to each 
individual which reflects the benefit increase under this section, the 
Secretary of the Treasury shall issue to such individual a written 
notice which includes the following statement: ``Your benefit payment 
for ______ reflects a one-time increase in monthly insurance benefits 
for that month of $150 which is in lieu of an annual cost-of-living 
increase in benefits for 2010.'', with the blank space therein being 
filled with a reference to the calendar month which is the applicable 
increase month.
    (e) Simultaneous Entitlements.--In any case in which an individual 
is entitled to 2 or more monthly insurance benefits under title II of 
the Social Security Act for the applicable increase month, the increase 
provided in subsection (a) shall apply to the total amount of such 
benefits for the applicable increase month, after application of 
section 202(k)), in lieu of the amount of each benefit which is so 
payable.
    (f) Effect on Family Maximum.--The amount of the increase in 
monthly insurance benefits under subsection (a) shall be disregarded in 
determining reductions in benefits under section 203(a) of the Social 
Security Act (42 U.S.C. 403(a)).
    (g) Increase To Be Disregarded for Purposes of All Federal and 
Federally Assisted Programs.--The increase under subsection (a) shall 
not be regarded as income and shall not be regarded as a resource for 
the applicable increase month and the following 9 months, for purposes 
of determining the eligibility of the recipient (or the recipient's 
spouse or family) for benefits or assistance, or the amount or extent 
of benefits or assistance, under any Federal program or under any State 
or local program financed in whole or in part with Federal funds.
    (h) Increase Not Considered Income for Purposes of Taxation.--The 
increase under subsection (a) shall not be considered as gross income 
for purposes of the Internal Revenue Code of 1986.
    (i) Benefits Not Otherwise Payable.--Nothing in this section shall 
be construed to provide, in connection with the increase of any benefit 
under this section, for a payment of any amount of such benefit if such 
benefit is not otherwise payable under subsection (t) or (x) of section 
202 of the Social Security Act (42 U.S.C. 402(t), (x)).

SEC. 4. INCREASES IN CONTRIBUTION AND BENEFIT BASE IRRESPECTIVE OF 
              WHETHER A COST-OF-LIVING INCREASE IN BENEFITS HAS 
              OCCURRED.

    (a) In General.--Section 230(a) of the Social Security Act (42 
U.S.C. 430(a)) is amended--
            (1) by striking ``Whenever the Commissioner'' and all that 
        follows through ``the Commissioner shall also'' and inserting 
        the following: ``The Commissioner of Social Security shall'';
            (2) by striking ``November 1 of the calendar year in which 
        such quarter occurs'' and inserting ``November 1 of each 
        calendar year''; and
            (3) by striking ``after the calendar year in which such 
        quarter occurs'' and inserting ``after such year''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to the determination of the contribution and benefit 
base for years after 2009.
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